Assembly Bill No. 284

Assembly Bill No. 284-Committee on Commerce

CHAPTER

107

AN ACT relating to private investigation; clarifying that a license issued by the private investigator's licensing board is a revocable privilege; providing immunity from civil liability under certain circumstances for members, employees or agents of the board; requiring the sheriff in certain counties to submit the fingerprints of certain applicants for work cards to certain state and federal agencies to determine the criminal history of the applicants; and providing other matters properly relating thereto.

[Approved June 1, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The purpose of licensing private investigators, private patrolmen, process servers, repossessors, dog handlers, security consultants, and polygraphic examiners and interns is to protect the public safety and general welfare of the people of this state. Any license issued pursuant to this chapter is a privilege that may be revoked in accordance with disciplinary procedures set forth in this chapter and in regulations adopted by the board pursuant thereto, and no holder of such a license acquires thereby any vested right.
Sec. 3. A member of the board or an employee or agent of the board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the board pursuant to the provisions of this chapter.
Sec. 4. NRS 648.110 is hereby amended to read as follows:
648.110 1. Before the board grants any license, the applicant, including each director and officer of a corporate applicant, must:
(a) Be at least 21 years of age.
(b) Be a citizen of the United States or lawfully entitled to remain and work in the United States.
(c) Be of good moral character and temperate habits.
(d) Have no conviction of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
2. Each applicant, or the qualifying agent of a corporate applicant, must:
(a) If an applicant for a private investigator's license, have at least 5 years' experience as an investigator, or the equivalent thereof, as determined by the board.
(b) If an applicant for a repossessor's license, have at least 5 years' experience as a repossessor, or the equivalent thereof, as determined by the board.
(c) If an applicant for a private patrolman's license, have at least 5 years' experience as a private patrolman, or the equivalent thereof, as determined by the board.
(d) If an applicant for a process server's license, have at least 2 years' experience as a process server, or the equivalent thereof, as determined by the board.
(e) If an applicant for a dog handler's license, demonstrate to the satisfaction of the board his ability to handle, supply and train watchdogs.
(f) If an applicant for a license as an intern, have:
(1) Received:
(I) A baccalaureate degree from an accredited college or university and have at least 1 year's experience in investigation or polygraphic examination satisfactory to the board;
(II) An associate degree from an accredited college or university and have at least 3 years' experience; or
(III) A high school diploma or its equivalent and have at least 5 years' experience; and
(2) Satisfactorily completed a basic course of instruction in polygraphic techniques satisfactory to the board.
(g) If an applicant for a license as a polygraphic examiner:
(1) Meet the requirements contained in paragraph (f);
(2) Have actively conducted polygraphic examinations for at least 2 years;
(3) Have completed successfully at least 250 polygraphic examinations, including at least 100 examinations concerning specific inquiries as distinguished from general examinations for the purpose of screening;
(4) Have completed successfully at least 50 polygraphic examinations, including 10 examinations concerning specific inquiries, during the 12 months immediately before the date of his application; and
(5) Have completed successfully at least 24 hours of advanced polygraphic training acceptable to the board during the 2 years immediately before the date of his application.
(h) Meet other requirements as determined by the board.
3. The board , when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, [shall] may issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the period which ends on July 1 next following [.] the date of issuance.
4. For the purposes of this section, 1 year of experience consists of 2,000 hours of experience.
Sec. 5. NRS 648.203 is hereby amended to read as follows:
648.203 1. Except as otherwise provided in subsection 2, it is unlawful for a person to:
(a) Allow an employee, including an independent contractor, to perform any work regulated pursuant to the provisions of this chapter unless the employee holds a work card authorizing his work which is issued by the sheriff of the county in which the work is performed. The provisions of this paragraph do not apply to a person licensed pursuant to this chapter.
(b) Work as a security guard unless he holds a work card authorizing his work as a security guard issued in accordance with applicable ordinances by the sheriff of the county in which the work is performed.
2. The provisions of [this section] subsection 1 do not apply in any county whose population is less than 100,000, but this [section] subsection does not prohibit a board of county commissioners from adopting similar restrictions by ordinance.
3. The sheriff of any county in which such restrictions apply [may] shall submit the fingerprints of any person applying for such a work card to the central repository for Nevada records of criminal history and to the Federal Bureau of Investigation to determine the applicant's criminal history.
Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 7. This act becomes effective upon passage and approval.
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